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2018 Supreme(HP) 71

SURESHWAR THAKUR
Kamlesh Kumari – Appellant
Versus
Rumal Singh (since deceased) through his legal representatives – Respondent


Advocates Appeared:
For the Appellant :Mr. Rajnish K. Lall, Advocate.
For the Respondent:Mr. Ajay Sharma, Advocate.

JUDGMENT :

Sureshwar Thakur, J.

The instant appeal is directed, against, the concurrently recorded verdicts by both the learned Courts below, whereby, the plaintiff's suit for rendition, of, a decree for declaration, as well as for, rendition of a decree for possession qua the suit khasra number(s), was, hence decreed.

2. Briefly stated the facts of the case are that the plaintiff had filed the suit for declaration and possession against the defendant on the averments that the land comprised in Khata No.19 min, Khatauni No.41 min., Khasra Nos. 135 and 136, kita 2, measuring 0-09-65 HM, Khata No.20 min, Khatauni No.42 min, khasra No.233, measuring 0-00-87 HM, Khata No.21 min, Khatauni Nos. 43, 44, 45, Khasra Nos. 276, 272, 273, 288, kita 4, measuring 0-63-76 HM, 1/8th share in Khata No.22, Khatauni Nos. 46, 47, Khasra Nos. 249, 215, kita 2, measuring 0-65-49 HM, 54/74 share, situated in Mohal and Mauza Galore, Tehsil Nurpur, District Kangra, H.P. (hereinafter referred to as the suit land), as per jamabandi for the year 1993-94 was previously owned and possessed by deceased Ratnu, who had inherited the suit property vide mutation No.40. It is averred that deceased Ratnu was old and illi





























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